6.3 Asylum Seeking/Unaccompanied Children |
SCOPE OF THIS CHAPTER
This chapter describes how referrals of Young Unaccompanied Asylum Seekers should be dealt with in the City Corporation Children’s Social Care Service.
It should be read in conjunction with the Approved list of providers and the Procedure for Unaccompanied Asylum Seeking Minors Flowchart.
LONDON CHILD PROTECTION PROCEDURES
If there are Child Protection concerns, this Chapter should be read in conjunction with the following London Child Protection Procedures;
Section 6.10, Quick Referral Flowchart
Section 4, Recognition and Response
Section 6.6, Initial Assessment
Section 7, Child Protection Enquiries
For Children in Specific Circumstances e.g. bullying or domestic violence, see Section 5, Children in Specific Circumstances.
AMENDMENTS
This chapter was updated in December 2009 to reflect the new arrangement for providing services to unaccompanied asylum seeking children. references to NASS were also changed to the UK Border Agency.
Contents
- Introduction
- Eligibility for Service
- Initial Assessment
- Children in Need Criteria
- Core Assessments
- Provision of Services
- Refusal of Services
- Withdrawal of a Service
- Unaccompanied Young Asylum Seekers Reaching Age 18
- Review of Services
1. Introduction
One of the Corporation's strategic aims is to deliver high quality services for all "children in need", under the Children Act 1989. The Corporation of London has a statutory duty towards unaccompanied asylum seeking minors, who are deemed to be "children in need".
The City Corporation deals with referrals, assessments and the provision of services to young unaccompanied asylum-seekers resident in the City Corporation.
2. Eligibility for Service
To be eligible for a service from the Unaccompanied Asylum Seeking Children’s Team, a young unaccompanied asylum-seeker must be aged 16 or 17, seeking asylum in the UK and have no relative/supporting adult willing to take responsibility for him or her. Where such young people are provided with services, they will continue to be eligible for a service from the City Corporation where they achieve refugee status up to their 18th birthday.
In addition, the young unaccompanied asylum seeker must have a local connection to the City of London and be able to produce evidence to confirm this or have been referred by the Refugee Council in line with the agreed rota system.
In relation to all new referrals, the duty worker must complete a Referral Form, and check all Home Office documentation and evidence that the young person has resided in the City of London.
3. Initial Assessment
In all cases where a referral concerning an unaccompanied young asylum-seeker remains with the Team, the Team will carry out an Initial Assessment in accordance with the Assessment Framework Procedure. The Initial Assessment will take account of:
- The additional guidance provided to the Team as to checking the immigration status of the young person,
- The young person’s accommodation arrangements and needs,
- The young person’s local connection with the City Corporation
- The young person’s financial and other support,
- The young person’s ethnicity and religion, and
- The age assessment of the young person and any available information on their agent, their access into this country, the length of time they have been in this country and possible other connections.
Whilst there are no exact criteria for assessing age, an unaccompanied minor's physical appearance, experiences, knowledge, education, presenting behaviour and belongings may assist in an accurate determination of their age.
In determining an unaccompanied young person’s accommodation needs, the Initial Assessment must have regard to his or her age and independent living skills, and consider the intensity of service required. This may range between independent accommodation, semi-independent accommodation and foster placements.
If an unaccompanied minor presents with a letter from the Home Office questioning whether they are over 18 years of age and it is not possible for the social worker to conclude if this is the case, the unaccompanied minor should be provided with accommodation and subsistence until a core assessment can be undertaken by a Children and Families social worker.
In such instances the young person must not be placed in Peterborough but in accommodation with the Corporation's preferred housing providers. A Children and Families social worker is likely to be able to assist in suggesting appropriate landlords.
If an unaccompanied minor presents and there is no question that they are 16 or 17 years of age, an initial assessment must be completed to determine vulnerability and should focus on:
- whether the young person has the necessary skills and experience to care for themselves with support
- whether the young person has any physical or learning disability, or specific health needs which need to be met urgently or require sharing with his/her landlord as a priority
- whether the young person has a reasonable level of self-care skills to enable referral to semi independent/support accommodation e.g. Olympia House in Peterborough
If an unaccompanied minor presents under 18 years of age, the young person should be automatically accommodated under section 20 of the Children Act 1989. In such cases the young person should be transferred immediately to the Children and Families Team.
Approval of Head of Service must be gained before placing any young person age 16 in accommodation other than residential or foster care.
An interpreter will be used to assist in all assessments.
The Social Worker must complete an Initial Assessment Record in all cases.
4. Children in Need Criteria
A young unaccompanied asylum-seeker will always satisfy the criteria for services to Children in Need.
Where there are concerns that a young person has suffered or is at risk of suffering Significant Harm, the caseworker must discuss the case with the manager and consider whether the circumstances warrant a Child Protection Enquiry. If so, procedures outlined in the London Child Protection Procedures, Section 12.8, Child Protection Enquiry must be followed.
5. Core Assessments
Core Assessments will be undertaken where appropriate in accordance with Assessment Framework Procedure. Core Assessments should not be undertaken without the approval of the caseworker’s manager.
The circumstances in which a Core Assessment may be appropriate are:
- Where a young person requires a Looked After Placement.
- Where a young person presents at risk behaviours and/or appears traumatised or vulnerable.
6. Provision of Services
Where a referral or Initial Assessment identifies that a young unaccompanied asylum seeker is in need of services, the young person should be provided with information about the services available to them from the Team and other agencies.
The unaccompanied young person will also be given assistance to register with a GP and dentist, and enrol in a local school or college. An interpreter should be booked to accompany the young person to appointments with the GP, where necessary.
Where an unaccompanied young person’s needs are for independent or semi-independent accommodation, and the manager agrees, assistance should be given with completion of the necessary Housing Application.
Where the Initial Assessment identifies that an unaccompanied young asylum-seeker may need to be Looked After, procedures outlined in Decision to Look After Procedure must be followed.
All unaccompanied young asylum-seekers who are eligible for a service will be entitled to a weekly allowance. Additional one-off clothing grants are discretionary. All financial assistance must be authorised by the Service Manager. The caseworker should arrange for payment of the relevant amounts in accordance with the team’s detailed financial procedures.
Travel cards or warrants will be issued to young unaccompanied asylum-seekers in relation to appointments at the Home Office.
7. Refusal of Services
The circumstances in which a family or young person may be refused a service are:
- The young person has provided inadequate documentation.
- The young person has provided documentation believed to be fraudulent or tampered with in any way
- There is an age dispute and an unaccompanied young asylum-seeker presents as over the age of 18.
Where an Initial Assessment identifies that a young unaccompanied asylum-seeker does not meet the criteria for a service from the City Corporation, but appear to be in need of services, the Team will refer the young person to the Refugee Council, UK Border Agency.
The duty worker should make an appointment for the young person and advise him or her of the name, address (including a map where necessary) and contact number of the person with whom the appointment has been made. In addition, the duty worker must fax a copy of the Referral Form and Initial Assessment Record to the relevant office.
In all cases where a service is to be refused, the caseworker must consult his or her manager before the decision is made and the letter confirming the decision is sent. Any correspondence received in relation to the decision should be referred to the manager.
8. Withdrawal of a Service
The provision of a service is dependent on the young person continuing to qualify for the service and/or meeting the local authority’s requirements, for example, where the young person does not keep the City Corporation informed on their asylum claim, or where the young person is evicted from accommodation due to their conduct or behaviour or fail to attend appointments.
The circumstances in which service to an unaccompanied young person may be withdrawn are:
- Where another adult wishes to assume parental responsibility and this is considered appropriate
- If the young person is not residing in the accommodation provided (as evidenced, for example, by their failure to collect their weekly allowance and the absence of any belongings from their room).
- The young person’s conduct - assault or extreme abusive behaviour - towards staff or the provider of accommodation.
The service should not be withdrawn without the agreement of the caseworker’s manager. Any such decision must be clearly recorded, with reasons. In all such cases, legal advice should usually be obtained before a final decision is made.
Where a service is withdrawn, the caseworker should inform the Finance Office, if appropriate, immediately.
9. Unaccompanied Young Asylum Seekers Reaching 18
Where an unaccompanied young asylum-seeker reaches the age of 18, and the young person’s legal status remains unresolved, the options open to the young person are a transfer to the Leaving Care Team, a referral to the UK Border Agency or independence from the Local Authority.
Where the young person is Looked After, the case will be transferred to the Leaving Care Team on the young person’s 18th birthday - see below.
All cases of unaccompanied young asylum seekers within the Unaccompanied Asylum Seeking Children’s Team will be closed on the date of their 18th Birthday.
Where the young person’s legal status is positively resolved prior to his or her 18th birthday, the young person should be referred either to the Leaving Care Team or to Housing and the DSS office for assessment, and assistance should be given in advance of their 18th birthday with the necessary applications for housing and for Housing Benefit. The caseworker must ensure that the young person has accommodation to which to move on his or her 18th birthday. The caseworker must also ensure that the provider of the young person’s present accommodation and the Finance Office is informed when the accommodation arrangement will end.
10. Review of Services
Where a young person is Looked After, his or her case will be reviewed in accordance with Looked After Review Procedure.
Any other services provided should be reviewed at least every 6 months.
In advance of each review, the caseworker will send the young person a Checklist setting out the documents which the caseworker requires to be produced at the review, such as confirmation of registration with a GP, enrolment at schools/college and updated information concerning their asylum status.
The young person should be invited to the review and an interpreter should be booked as necessary. At the review meeting, a record of the review should be completed and signed by the young person and the caseworker. The caseworker will then send the record to the manager for comment and signature.
Where a review confirms the service, the a financial assessment form should be updated. Where additional support services are identified as necessary, the Plan should be updated to reflect this.
Where services are withdrawn as a result of the review, the relevant teams should be notified immediately.
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